CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Pronounced on : 09.10.2025 (Reserved on : 11.09.2025)

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)

Tripta Devi, aged 51 years, D/o Sh. Charan Dass, resident of House No.1180-A, Type-II, Sector 46-B, Chandigarh. (‘Group ‘C’).

...Applicant (Advocate: None)

VERSUS

1. The Union of India through its Secretary, Ministry of Defence, Air Headquarters (Vayu Bhawan), Motilal Nehru Marg, New Delhi-

110106.

2. The C.G.O. (Admn.) 12 Wing (Air Force), Chandgiarh-160003.

3. The Executive Engineer, Chandigarh-I, CPWD, Sector 7B, UT Chandigarh-160019.

4. The Assistant Estate Manager, Govt. of India, Directorate of Estates, Kendriya Sadan, Sector 9/A, UT Chandigarh-160009.

5. Kavinder Pal Singh S/o Mahipal Singh, resident of House No.1180, Sector 46B, UT Chandigarh-160047.

…Respondent(s)

(Advocate: Sh. Sanjay Goyal, Sr. CGSC)

O R D E R Per: ANJALI BHAWRA, MEMBER (A):

1. This application has been filed under Section 19 of the Administrative Tribunals Act 1985, whereby, the applicant has sought the following relief:

“i) The respondent no.2 to 4 may kindly be restrained from evicting the applicant from the Govt. accommodation i.e. House No.1180-A, Type-II, Sector 46/B, Chandigarh and further directing the respondent no.2 to 4 to drop all the proceedings initiated by them against the applicant.

ii) The respondent no.2 may kindly be directed to restrain from recovery of Rs.3.96,410/- against the applicant.

iii) The applicant may kindly be exempted from filing the certified copies of Annexure.

iv) To award cost towards litigation, expenses and compensation for forcing the applicant to resort to uncalled for litigation.

v) To issue any order or direction deemed appropriate to which the applicant is found entitled to in law and equity.”

2. The applicant in its OA has submitted the following:-

i) The applicant is unmarried and is 45% handicapped due to polio. The applicant has been appointed in Air Force on compassionate ground and is working as UDC. House No. 1180-A, Type II, Sector 46-B, Chandigarh was been allotted to the applicant on 22.06.2007. Since the allotment of this House, the applicant never misused the said house for personal benefit. Since 22.06.2007 till 24.04.2017 mother of applicant, who was widow was residing with her in the said house to take care of applicant being handicapped lady. During this period husband of sister of applicant namely Geeta Sharma had expired in the month of May 2010.

ii) The mother of the applicant was getting family pension during her lifetime and she had been expired on 24.04.2017. It is alleged her sister and her daughter but they kept mum. On 24.07.2022 (Annexure A/4), respondent no.5 filed a false complaint against the applicant to the police and subsequently respondent no.5 withdrew the said complaint.

Further, respondent no.5 had made a false compliant against the applicant to respondent no.2 to 4 on 05.12.2022 (Annexure A/5) by stating that the applicant has having a tenant in her premises.

iii) As per Gazette of India, Ministry of Urban Development, Directorate of Estate, notification, New Delhi, 16th June, 2017 held that sharing of accommodation in column 2(k) as under: -

"Family means the wife or husband of the allottee, as the case may be and children, step children, legally adopted children, parents, brothers and sisters as ordinarily reside with and allottee" are on the dependent ANNEXURE A-7.”

It is not possible to rent the Govt. accommodation to her real sister, who is widow and the applicant never misuse of allotment of said house at any moment. All allegations against the applicant levelled by the respondents were totally false and baseless just to harass the applicant on the instruction of said respondent No.5.

iv) The applicant had approached respondent No.4 by filing representation dated 07.09.2022 (Annexure A/8) and seeking permission to keep her sister with her for her help and the said representation was recommended by respondent No.2 on 09.09.2022 (Annexure A/9). On the